WICKED EARTH SKINCARE TERMS AND CONDITIONS

 

  1. AGREEMENT: This Terms and Conditions agreement (the “Agreement”) is made and entered into by and between Wicked Earth, LLC, a Wyoming limited liability company d.b.a. Wicked Earth Skincare, its affiliates and subsidiaries (the “Company”) and you (“Purchaser”) with respect to all information, data, graphics, products, reviews, content, or other materials ordered, provided or otherwise accessible on or through the website, located at wickedearthskincare.com, (hereinafter, the “Website”), and your use of and access to our “Services” offered on the Website. The Website is for people to learn about and purchase skincare and other products (the “Services”). In this Agreement, “Wicked Earth”, “we”, “us”, “our” and other similar references mean Company and “you” and “your” and other similar references mean a specific user of the Website. All capitalized terms shall have the meaning ascribed to each of them as set forth in the body of this Agreement.
    IF YOU DO NOT AGREE TO THIS AGREEMENT (INCLUDING THE PRIVACY POLICY), THEN YOU SHOULD NOT USE THE WEBSITE. YOU SHOULD READ THIS AGREEMENT CAREFULLY BEFORE USING OR ACCESSING THE WEBSITE, BECAUSE THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS AND OBLIGATIONS. YOU SHOULD ALSO RETAIN A COPY OF THIS AGREEMENT (INCLUDING THE PRIVACY POLICY) FOR YOUR RECORDS.
    Our Privacy Policy explains how we collect, use and disclose information that pertains to your privacy. The Privacy Policy forms part of our agreement with you and is incorporated in this Agreement by reference. For full details, please refer to our Privacy Policy located at wickedearthskincare.com/privacy-policy.
  2. PURCHASER REQUIREMENTS: Purchaser acknowledges and represents that you are at least eighteen (18) years of age and if using our skincare professional wholesale gateway are either (i) a licensed skin care professional, having the state issued credentials of an esthetician (or higher) (“Professional”) or (ii) a representative of such a Professional who is purchasing on their behalf and with their consent. You agree and understand that the purchase and use of this Product is subject to all applicable laws of any applicable jurisdiction. You agree (1) to comply with all rules or laws of any applicable jurisdiction, (2) not to use the Products for illegal purposes, (3) not to export or resell the Products (unless a Professional purchasing a wholesale product to retail), (4) not to attempt to modify, reverse engineer, or otherwise tamper with the Products, and (5) to use the Products only as they are intended to be used. The Company’s receipt of Purchaser’s order request and/or payments of such order reflect your acceptance of this Agreement including the pricing included with your order.
  3. PROFESSIONAL ACCOUNTS: You may register with Wicked Earth by creating an account on the Website. This personal account (hereinafter, “Personal Account”) is solely for your personal and non-commercial use. If you choose to create an account with us, you agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes. When you register, you will obtain unique log-in credentials (a “Member ID”). Access to the Website and Services is not authorized by any other person or entity using your Member ID and you are responsible for preventing such unauthorized use. Individuals and entities whose privilege to access the Website or use the Services has previously been terminated by Wicked Earth may not register for an account, nor may you designate any of those individuals to use your account on your behalf. Wicked Earth relies on Member IDs to know whether members accessing the Website and using our Services are authorized to do so. If someone accesses our Website or Services using a Member ID that we have issued to you, we will rely on that Member ID and will assume without incurring any liability whatsoever to you that access has been made by you. You are solely responsible, and irrevocably acknowledge and agree that Wicked Earth shall have no responsibility or liability whatsoever, for any and all access to the Website or use of the Services by persons using your Member ID. Please notify us immediately if you become aware that your Member ID is being used without authorization.
  4. WEBSITE USE: You may use the Website and Services at your own risk. We may, but are not obligated to, terminate Personal Accounts and/or remove content from the Website if we determine or suspect that those accounts or content violate the terms of this. We take no responsibility for your exposure to content on the Website whether it violates our content policies or not.
    Your permission to use the Website is conditioned upon your agreement that you:
    • are 18 years of age or older;
    • will comply with this Agreement;
    • will not copy or distribute any part of the Website in any medium without Wicked Earth’s prior written authorization;
    • will provide accurate information when creating a Personal Account or registering for our Services;
    • are solely responsible for your Member ID and the activity that occurs while signed in to or while using the Website using your Member ID;
    • will not use the Website to collect any personally identifiable information, including account names, email addresses, or other such information, for commercial purposes;
    • will not use the communication systems provided by or contacts made on the Website for any commercial purposes;
    • are solely responsible for your content submissions, including discussion posts, profile information and links, pictures, and other such content;
    • represent that you own or have the necessary licenses, rights, permissions, and consents to use and authorize Wicked Earth to use any and all content submitted by you to the Website at our discretion;
    • hereby grant each Wicked Earth member or user of the Website a non-exclusive license to access the content you submit through the Website and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through the Website’s functionality and under this Agreement;
    • will not submit content that is copyrighted or subject to third party proprietary rights, including rights of publicity, data privacy and trade secrets, unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content to the Website; and
    • hereby affirm we have the right to determine whether any of your content submissions are appropriate and comply with this Agreement, remove any and/or all of your submissions, and terminate your account with or without prior notice.
    • We may change or discontinue the Website or any of the Services at any time without prior notice. We reserve the right to terminate this Agreement at our election and for any reason, without prior notice, and this Agreement will automatically terminate in the event that you violate any of the terms and conditions set forth below. In the event of any termination, you will immediately cease access to the Website and Services.
  5. SHIPPING: Full payment is required prior to the shipment of Products. Upon receipt, Purchaser is considered to have accepted the Product. Products typically ship in 3-5 business days. Company cannot guarantee exact shipping date, but always makes customer service a top priority.
  6. PRODUCT(S) TRANSFER BY PURCHASER: Purchaser is prohibited from selling, transferring, assigning, or trading (all the foregoing considered a “Transfer”) the Product(s) to any third party without Company’s consent. Any attempted sale in an online market is prohibited.
  7. RETURN POLICY: ALL SALES ARE FINAL. Wicked Earth will replace any Product that arrives damaged.  If you receive an item that is damaged or defective, please contact us immediately. Defective returns will be accepted for exchange, at our discretion and may be subject to restocking fees. Items without original packaging may be subject to a higher restock fee or possible rejection of credit. You are responsible for properly and securely packing the returned item to avoid any damage. Wicked Earth will not accept unauthorized returns or exchanges.
  8. INDEMNITY: Purchaser shall indemnify, defend and hold the Company harmless from and against any and all damages, expenses, liabilities and losses of any kind whatsoever (including, without limitation, attorneys’ fees) arising out of or in connection with the Purchaser’s use of Products supplied, including claims made by any third parties relating to such use.
  9. INTELLECTUAL PROPERTY RIGHTS: You acknowledge that Company or its licensors own all right, title and interest in and to the Products and the names used in connection with the Products, and that the Products and such names, logos, and branding constitutes the Company's intellectual property and may be protected by laws related to intellectual property rights. You agree that you are permitted to use the Products and the proprietary names only as expressly authorized by the Company and this Agreement. You may not remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels on any portion of the Products.
  10. NON-DISPARAGEMENT: You agree to not disparage the Company, its officers, its affiliates and/or its brand name through online feedback, directly or otherwise, nor to use harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable communications of any kind as relates to Company or in connection with use of the Website.
  11. DISCLAIMER OF WARRANTIES: EXCEPT FOR THE WARRANTY SET FORTH IN THE PRECEDING PARAGRAPH, YOU EXPRESSLY AGREE THAT YOUR USE OF THE PRODUCTS IS AT YOUR SOLE RISK. THE PRODUCTS ARE PROVIDED ON AN “AS IS,” “WHERE IS” AND “AS AVAILABLE” BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, TITLE AND NON-INFRINGEMENT TO THE MAXIMUM EXTENT PERMITTED BY LAW. COMPANY MAKES NO WARRANTY THAT THE PRODUCTS WILL MEET YOUR REQUIREMENTS, NOR DOES COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS.
  12. MISCELLANEOUS. To the extent that a court or other governmental authority of competent jurisdiction determines that any law is in conflict with the terms of this Agreement, the conflicting terms shall be superseded only to the extent necessary by the terms required by such law. If any provision of this Agreement shall otherwise be unlawful, void, invalid or for any reason unenforceable, then that provision shall be enforced to the maximum extent permissible to reflect the parties’ intent. In either case, the remainder of this Agreement shall continue in full force and effect. The Company shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond the Company’s reasonable control. Except as otherwise provided herein, the remedies provided under this Agreement are cumulative and shall not exclude any other remedies to which you or the Company may be entitled. The section headings used in this Agreement are inserted for convenience only and shall not affect the meaning or interpretation of this Agreement.
  13. NO MEDICAL OF PROFESSIONAL ADVICE: All material, information other content posted or accessible on the Website is intended to be used for informational purposes only. The statements made about products have not been evaluated by the U.S. Food and Drug Administration. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease. All products purchased from the Website should be used strictly as described by their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Use of the Website is not meant to serve as a substitute for professional medical advice. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Website before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. Wicked Earth does not give or intend to give any answers to medical related questions and the Websites does not replace any medical professional or medical resource. Wicked Earth does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Websites. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.
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